Proposed NYS Bill for Expunging Up To Two Felony and Misdemeanor Convictions

Hello again, I’ve done some more research and it turns out that there is a bill in the New York State legislature right now that would allow for the expungement of up to 2 felonies and 2 misdemeanors. This is great news as it shows that NY is starting the recognize the problems people that just made a stupid mistake are facing for the rest of their life even when all they want to do is become productive citizens more than anything. Please check the details of this bill # A04958 out:

http://assembly.state.ny.us/leg/?bn=A04958

However it has not passed yet so please try to get as many people as you can to write into your representatives. You can find them along with their address easily on this site for your region:

http://assembly.state.ny.us/

Once you found them you can just plug in their name and the bill # with this sample letter format to help persuade them to get it approved as there are currently no ways to expunge a felony or misdemeanor and would finally allow prior offenders to get their records sealed completely:

http://www.lac.org/toolkits/sealing/...er-sealing.doc

There’s no telling when an opportunity like this might come up again if it doesn’t go through this time so please do all you can and spread the word!

Related thread.

For all that are interested in this bill please get involved because I just read an interesting statistic that of the 14,000 bills introduced each year, only 2,000 are acted upon and of those, only 800 are signed into law.

So if you sit back, there's a very good chance it'll get overlooked since former criminals aren't exactly top priority. We can make a difference and do something that'll better all our lives...please call or write in to your assemblyman or senator and tell them how improtant the "second chance law" is to you!

It's bill # A04958 in the assembly and bill # S02811 in the NYS senate.

http://assembly.state.ny.us/leg/?bn=A04958

http://assembly.state.ny.us/leg/?bn=S02811

Johnny, do you know how often the assembly or NYS senate act upon these bills? When is the first chance for this to get passed?

I do not know off-hand but I'm going to call the legislator's office that proposed it early this upcoming week and will let you know if I get an exact answer for you.

I also received a response to one of my letters I wrote today from Sheldon Silver (the House Speaker) stating that, "the measure is currently under consideration in the Assembly's Codes Committee." It also said that my input will be useful during future discussions on this bill and if I have not already done so, to share my thoughts with my local Assembly and Senate representatives...which I have already done.

So basically it's in the Codes Committee right now, if I receive any additional information by either a call or another letter back I will definitely post all further progress on here. I will keep on pursuing this as best I can.

I also highly encourage you and everyone else on here that this applies to (which judging by previous posts is a lot), to write in to the Assembly and the Senate. As you can see it is making a difference and it takes only about 20 minutes of your time (if that if you use the template in the previous post) for something that could help change the rest of your life in such a positive way...or at the very least, place a call.

Hello again everyone, just had a little bit of a good news update. Back on 3/28, this bill did get advanced to a third reading (cal.182).

That's nothing huge but some progress has been made and at least it's being worked on...so please keep sending in your letters and contacting your state assemblymen and senators in the meantime, it appears to be working!

You can check out the progress under "actions" at this link again:

http://assembly.state.ny.us/leg/?bn=A04958

Some good news everyone, this bill has gotten enough votes in the NYS Assembly and has passed there. It has now moved on to the NYS Senate for code review. You can see the votes here:

http://assembly.state.ny.us/leg/?bn=A04958

So now please try to find your local state senator and write in or call them. You can find the one in your area by clicking here and going to one of the links on the top right:

http://www.senate.state.ny.us/senate...ators?OpenForm

This bill link for the senate is:

http://assembly.state.ny.us/leg/?bn=S02811

A sample letter format can be found here:

http://www.lac.org/toolkits/sealing/...er-sealing.doc

But it’s also good to include a personal story especially if you just made a stupid mistake and aren’t allowed to make progress because of it no matter how hard you try.

Please write in and have others do the same because if it gets passed in the Senate all that has to happen then is for the governor to sign it (or if he ignores it, it’ll automatically become law after 10 days). So definitely let them know how important this is to you as there’s currently no way to expunge or seal any kinds of felonies or misdemeanors in NY (one of only a couple states to still do this).

I ask anyone to PLEASE keep me up to date on where this proposed bill will be made into law in New York State. I understand that it was sent to the senate floor after being passed in the assembly. From what I'm reading, this bill will become law on November 01, 2007,is that correct? So I ask anyone to please keep me up to date concerning this proposed new bill.

I believe everybody deserves a second chance, if you committed a non-violent criminal act and paid your debt to society (all fines fines paid in full,community service completed, probation completed) then you deserve to have your police record expunged and to move on to a better life for yourself and for your family.

Please keep me informed concerning this proposed new bill.

Thank You.:cool:

Hello friends, to answer your question this bill (if passed) wouldn’t become law until November 2008.

On the other side I have some good news and bad news. The good news is that State Senator Frank Padavan wrote back to me stating in response to Senate Bill S.2811/A04958 introduced by his colleague, Senator Volker, “which would allow the Second Chance Commission upon application to order the criminal records sealed to certain individuals that they feel have been rehabilitated and that I may be certain of his full consideration of my support when this matter is brought before the Senate for a vote.”

The bad news is after doing more research into the matter; it appears that this bill is only good for drug related crimes (even for misdemeanors), which wasn’t stated on the legislation page. It is however on the senate page: http://public.leginfo.state.ny.us/me...NQUERY=SENAGEN – type in A04958 for Bill #, and check the boxes for Status, Text, Summary, and Sponsors Memo to view this information because otherwise you won’t see it. My apologies to anyone who thought they were affected and turned out they won’t be (such as myself) but it honestly was misleading on the other pages.

This is definitely not great to hear because this will leave out a lot of people. While I’m still going to support it because I think it’s a step in the right direction I bring it to you people in what to do next? Should we wait to see what happens with this bill first before we try to write in to propose a bill about all non-violent/non-sexual crimes or start doing it now? I certainly wouldn’t mind hearing some more ideas on this matter, thanks!

1 update on this current law is that it was advaced to its 3rd reading on May 29th, so that's good news for anyone convicted of a drug related crime. My argument for why New York might have been reluctant to branch it out to other crimes is because most jobs in this state can't ask 7 years past about criminal convictions. However after speaking with a background check agency, it's 1 of only 9 other states to have a limitation on this matter. What they don't realize is 40 states don't have this and can go back forever, so this is possibly something that can be used for our argument if we bring it forward. My only other request is it doesn't seem like a lot of you are pursuing this actively. Had you been writing in and fighting, better things will happen. If you just lay around and wait, I have a newsflash, nothing's going to change. So please really take this into consideration, it doesn't take up too much time to fight for this worthy cause and finally gain our rights back.

Well this royally sucks... I should have been stupid and done drugs instead of trying to fly through JFK with an unloaded firearm... and I'm not even a NY Resident! Sadly enough, I wrote a letter to every NY State Assemblyman & Senator asking they support the bill (I figured it would be worth the $90 in postage if it was passed - guess I was wrong). I was really hoping I could get that nightmare finally off my record!

Just chalk it up to reason #248 why I hate the State of New York. Looks like I'm still unlucky! :wallbang:

NYS is one of the few states that does not offer one a way to seal their old crimnal convcition. I am a reentry advocate in NYS. Coming in January NYS will have for the first time a democratic senate. There is reason for hope that a sealing bill will come out. Expungement is a misnomer. Expungement means destroying all records. This does not occur. Sealing means the records are still there but can't be viewed by anyone, and you can honestly hold your head high when applying for employment, and saying NO to the question that asks if you have been ever convicted of a crime.
With that said in NYS we are not there yet. Please Please all of you that read this please call Senator John Sampson ATT Tim legal Counsel, and tell him you support a sealing bill. He is drafting one for january of 2009. Tele# 518-455-2788. Also call Assemblyman Aubry's Counsel Dan at 518-455-4561. Lets get it done for 2009, and it would take effect for 2010. You need to call. NYS can have such a bill

Hello everyone:
I have very good news Senator sampson just introduced bill# S1708, this bill will allow one to seal any misdemeanor conviction other than violent, and sexual.This is a more comprehensive bill than the old one where it was just for drug convictions. This is a historic bill in NYS. Now we must het the assembly to pass it. Please call dan salvin in Assemblyman AUbry's office, and tell him you support this bill 518-455-4313. Also Assemblyman Lento ask for Marcy fineman, and tell her you support it. Assemblyman lento will be adopting this bill anyday now.

Please call up new york assemblyman Jeff Aubry, and tell him you support senate bill#1708 for sealing of a criminal conviction.

New York State is considering an expungement law. Right now Senator John sampson put out bill # S1708. Kindly call his office, and New York State assemblyman Jeffrion Aubry to support this bill.

Please take notice that there is a bill that came out on 2/5/09 from nys Senator John Sampson Bill#1708. Please call Tim at 518-455-2788, and call dan salvin in Assemblyman Aubry's office at 518-455-4561. Tell them you want a sealing bill so you have no barriers to employment

New york does not have an expungement law for misdemeanors or felony's like other states do. Right no there is no second chance in NYS. However there is a historic bill that was just released from Senator John sampson Bill#1708. Please call his office, and tell him you support it 518-455-2788. It is also very very important to call Dan salvin chief legal counsel to Assemblyman Aubry tell him you support this bill 518-455-4561, and call assemblyman Joseph Lentol 518-455-4477, ask for mrs. fineman, and tell her you support the bill. We can get this done this year.

Please note NYS now has a bill from Senator Sampson called the second chance act. You must call tim in that office 518-455-2788, and tell him you support the bill, also call Dan salvin in Assemblyman Aubry's office at 518-455-2561, and Mrs. Fineman in Assemblyman Lento's office. The more letters, and phone calls in support of this sealing bill will help get it passed this year. Then you never have to worry about a background check. Lets get it done

New York is behind many states when it comes to offering ex-offenders a second chance. The good news is that the legislator is considering a sealing bill that was just introduced by Senator Sampson bill#1708. Please call Assemblyman Aubry's office ask for legal counsel dan salvin 518-455-4561, and tell him you support this bill so you can get a good job. Also Mrs. Fineman in Assemblyman Lento's office at 518-455-4477, and tell her you support the bill. The more calls, and letters will get this bill passed this year.

Please take notice that officially today Assemblyman Lentol sponsored bill# A06065. Lets hope

Quote:

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Quoting Johnny Leary

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Hello friends, to answer your question this bill (if passed) wouldn’t become law until November 2008.

On the other side I have some good news and bad news. The good news is that State Senator Frank Padavan wrote back to me stating in response to Senate Bill S.2811/A04958 introduced by his colleague, Senator Volker, “which would allow the Second Chance Commission upon application to order the criminal records sealed to certain individuals that they feel have been rehabilitated and that I may be certain of his full consideration of my support when this matter is brought before the Senate for a vote.”

The bad news is after doing more research into the matter; it appears that this bill is only good for drug related crimes (even for misdemeanors), which wasn’t stated on the legislation page. It is however on the senate page: http://public.leginfo.state.ny.us/me...NQUERY=SENAGEN – type in A04958 for Bill #, and check the boxes for Status, Text, Summary, and Sponsors Memo to view this information because otherwise you won’t see it. My apologies to anyone who thought they were affected and turned out they won’t be (such as myself) but it honestly was misleading on the other pages.

This is definitely not great to hear because this will leave out a lot of people. While I’m still going to support it because I think it’s a step in the right direction I bring it to you people in what to do next? Should we wait to see what happens with this bill first before we try to write in to propose a bill about all non-violent/non-sexual crimes or start doing it now? I certainly wouldn’t mind hearing some more ideas on this matter, thanks!

1 update on this current law is that it was advaced to its 3rd reading on May 29th, so that's good news for anyone convicted of a drug related crime. My argument for why New York might have been reluctant to branch it out to other crimes is because most jobs in this state can't ask 7 years past about criminal convictions. However after speaking with a background check agency, it's 1 of only 9 other states to have a limitation on this matter. What they don't realize is 40 states don't have this and can go back forever, so this is possibly something that can be used for our argument if we bring it forward. My only other request is it doesn't seem like a lot of you are pursuing this actively. Had you been writing in and fighting, better things will happen. If you just lay around and wait, I have a newsflash, nothing's going to change. So please really take this into consideration, it doesn't take up too much time to fight for this worthy cause and finally gain our rights back.

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"My argument for why New York might have been reluctant to branch it out to other crimes is because most jobs in this state can't ask 7 years past about criminal convictions."

Are you sure about most jobs not checking back more then 7 years? I filed out applications where the question was have you ever been convicted of a misdemeanor or felony,there was no time limit attached to this.Pretty much a criminal conviction from ny is w. you for life.

I remember seeing post her where someone was saying there conviction from awhile ago was stopping them from finding a good job.

Thank you for your response.No New York asks about a con viction forever. Please get involved. Have you seen the new bill that was proposed.
We are making progress. It is Senate Bill#1708, we need your support. You need to call addemblyman lento's office, and tell him you support the sealing bill.
Please get involved. It is not just limited to drug convictions anymore

Please get involved with this grassroots movement. Any phone calls and letters in support of the senate bill 1708, and its counterpart in the assembly.
thanks

I support the bill,ppl should get a 2nd chance.I would say a lot of application don't have a time limit on convictions.

Would you be kind enough to help out on this. I am the one who put the bill together with Senator Sampson.Please keep in mind other states give people this type of relief. Would you please call or write to Assemblyman Aubry Att: Legal counsel Dan Salvin LOB 526 Albany, NY 12248 Tele:518-455-4561, also Assemblyman Joseph Lentol 518-455-4477 ATT Marci Fineman LOB 632 Albany, NY 12248.
Your help is greatly appreciated. This bill will give people a clean slate. No more employment discrimination.
Thank you very much

And while it’s important to contact the people proposing the bill it’s even more pertinent to write in to the senators and assemblymen in your district as they might be on the fence about which way to vote. Even Republicans are swayable if they receive enough correspondence. In the end they’re just looking to get reelected too.

To find out more information on how to do this please check out this related thread.

I agree 100% please call and write to your elected assembly person, and senator. Lets get this going
thanks to all. Thanks to John Leary for organizing this thread.

Please take notice we also have to push for passage of the following reentry bills that helps prevent discrimination against people with criminal convictions. Ao5330, and bill # A04923

Hello everyone. I may be wrong, however didn't A05633 pass and will take effect in November??? The criminal lawyer I spoke to seemed to act like it was a done deal. Basically it's an amendment to Criminal Prcedure Law in relation to conditional sealing of drug conviction, Section 160.65. Here's a link to what I found, and upon contact with the criminal lawyer, he knew exaclty what I was talking about. So please correct me if I am wrong, if this bill hasn't actually passed yet. Thanks so much!

http://assembly.state.ny.us/leg/?bn=A05633&sh=t

Yes the bill did pass. However it is just for drug convictions. We are trying to get the all inclusive misdemeanor bill A06065 passed as well.

Thanks for coming on to this site

Anyone has any idea as to what stage the proposed bill is at, with reference to expungement of a DWI misdeameanor that dates back to 1995-1996 ??

Will post a painful saga of events post my convistion, but fought all the way for my citizenship and Airport security badge. However, still live with the stigma of my DWI records, and looking to have them sealed.

Respectful regards to all